Social Media Handles' Request From Customers: SERAP to drag CBN to court

A call has been extended to the acting governor of the Central Bank of Nigeria (CBN), Folashodun Shonubi, to delete the patently unlawful provisions in the CBN (Customer Due Diligence) Regulations directing banks to obtain information on customers’ social media handles for the purpose of identification.

The call emanated from a Lagos-based rights group, Socio-Economic Rights and Accountability Project (SERAP) through a statement issued by its Deputy Director, Kolawole Oluwadare, who also urged the CBN to “withdraw the circular number FPR/DIR/PUB/CIR/007/076 of 20 June 2023 mandating banks and other financial institutions to implement and comply with the unlawful mandatory provisions on customers’ social media handles in the CBN regulations”.

According to Section 6(a)(iv) of the CBN Regulations, banks, and other financial institutions 'shall identify their customer and obtain information on the social media handle of the customer.' Section 6(b)(iii) contains a similar provision.

In referring to its letter dated June 24, 2023, SERAP argued that “The CBN regulations and directive to banks to obtain details of customers’ social media addresses violate Nigerians’ rights to freedom of expression and privacy. It is inconsistent and incompatible with the rule of law. 

“The CBN ought to contribute to the advancement of respect for the rule of law and human rights in the discharge of its statutory functions, and not undermine or violate these fundamental legal requirements and standards”.

While insisting that the purported mandatory requirement would inhibit Nigerians from freely exercising their human rights online, SERAP posited that if obtained, such information may also be misused for political and other unlawful purposes.

SERAP threatened to embark on a legal offensive within three (3) days, adding that, "The mandatory requirement of social media handles or addresses of customers does not serve any legitimate aim. 

“Such information may be used unjustifiably or arbitrarily to restrict the rights to freedom of expression and privacy.

“The CBN Regulations and directive to banks and other financial institutions would impermissibly restrict the constitutional and international rights to freedom of expression, privacy, and victims’ right to justice and effective remedies”.

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